The Senate has sent for the President’s sanction Bill PLC-46/2010, which amends the Consolidation of Labor Laws (CLT), which determines that in order to file a Bill of Review (Agravo de Instrumento) in a labor lawsuit, the party must post a 50% bond corresponding to the appeal that was denied.
The purpose of the bill is to prevent the abusive use of this type of appeal, oftentimes filed with the intent of merely delaying a proceeding, generating at least two detrimental effects: delaying the payment of labor rights and overburdening the Labor Regional Courts, specially the Superior Labor Court, thus affecting the judgment of other proceedings.
The volume of this type of appeal has been very high over the past years. Out of the appeals filed at the Superior Labor Court, about 75% are Bills of Review. In 2008 there was an increase of 208% in the use of these appeals, being 95% of the bills of review judged that year denied for not meeting the minimum conditions to be analyzed. The expectation is that the measure will reduce the backlog of cases in the courts.
The bill was created by the president of the TST (Superior Labor Court), having received the support of a house representative who in the legislative scope is the author of the bill.
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